The state of New York is taking a cautious approach in dealing with the U.S. Supreme Court's recent decision in the Oneida Nation case.
In an 8-1 ruling, the court said the tribe cannot "unilaterally" assert sovereignty over its ancestral lands without going through the land-into-trust process. The tribe has purchased 18,000 acres of land that was stolen by the state of New York.
Local officials have interpreted the decision broadly in their favor. They have hit the Oneida Nation with tax bills and are trying to apply it to the Cayuga Nation, who has also purchased ancestral lands.
But the office of New York attorney general Eliot Spitzer will seek input from the Interior Department and the National Indian Gaming Commission before taking any action, The Syracuse Post-Standard reported. However, deputy attorney general Richard Rifkin has told local officials that the state "will be arguing forcefully for the state's expanded authority."
"It is clear that the decision has enhanced the authority of the state over tribal activities taking place on land that the tribes claim as Indian country," Rifkin wrote in a letter cited by the paper.
Get the Story:
Decision on video gaming awaited
(The Syracuse Post-Standard 6/8)
State's authority questioned
(The Syracuse Post-Standard 6/8)
Oneida Nation Decision:
Syllabus
| Opinion
[Ginsburg] | Concurrence
[Souter] | Dissent
[Stevens]
Related Stories:
BIA says Oneida Nation lands are in restricted
status (6/3)
Oneida Nation to
detail spending in tax fight (5/25)
Supreme Court won't rehear Oneida Nation case
(5/24)
Oneida Nation open to land claim
talks with Pataki (5/18)
Pataki presses
Oneida Nation to settle land claim (5/16)
Column: Tribes just can't come and take 'our' land
(5/11)
Pataki: No tribal trust lands
without state approval (4/28)
New York
Senate votes against trust land for tribes (4/20)
Pataki, county blast Oneida Nation's trust land bid
(4/14)
Oneida Nation seeks trust land in
wake of ruling (4/14)
Fallout from
Supreme Court ruling on Oneida Nation (4/6)
BIA official calls high court ruling 'quite
depressing' (03/31)
Major defeat for
Oneida Nation in Supreme Court case (3/30)
Pataki, city, foes pleased with Oneida Nation
ruling (3/30)
Oneida Nation ruling could
impact land claims (01/13)
Passage of
time at issue in Oneida Nation case (01/12)
Oneida Nation wants court to uphold promises
(1/12)
Supreme Court rejects two Indian
law cases (1/12)
Supreme Court to hear
Oneida Nation land dispute (1/10)
New
York municipalities pony up for court brief (12/14)
Hearing set for Oneida Nation treaty rights
case (11/12)
Supreme Court takes action
on Indian law cases (11/02)
Tribes file
briefs in Oneida Nation land case (10/18)
Supreme Court Roundup: 2003-2004 Term (07/08)
Supreme Court to hear dispute over Oneida
Nation land (06/29)
Oneida Nation sees
support in Bush administration brief (06/08)
Appeal planned in Cayuga Nation land rights
case (04/30)
Cayuga Nation land
rights upheld by federal judge (4/26)
Cayuga Nation's plans for land worry some in
village (04/07)
Report: Seneca-Cayuga
Tribe has bigger plans in store (04/06)
NIGC accused of 'ducking' casino land
issue in N.Y. (03/23)
Judge in N.Y.
hears Seneca-Cayuga land dispute (03/12)
Supreme Court asks for DOJ brief in Oneida case
(02/24)
Bill would terminate
out-of-state sovereign rights (09/26)
Appeals expected in Seneca-Cayuga Tribe's land
case (09/10)
Judge to decide fate of
Seneca-Cayuga Tribe's land (9/9)
Cayuga tribes slowly reclaiming ancestral
territory (09/02)
Okla. tribe says
court decision bolsters case (07/24)
Cayuga Nation welcomes Indian Country
decision (07/23)
Oneida
Nation wins treaty lands case (7/22)
New York cautious in wake of Oneida Nation ruling
Wednesday, June 8, 2005
Trending in News
1 Tribes rush to respond to new coronavirus emergency created by Trump administration
2 'At this rate the entire tribe will be extinct': Zuni Pueblo sees COVID-19 cases double as first death is confirmed
3 Arne Vainio: 'A great sickness has been visited upon us as human beings'
4 Arne Vainio: Zoongide'iwin is the Ojibwe word for courage
5 Cayuga Nation's division leads to a 'human rights catastrophe'
2 'At this rate the entire tribe will be extinct': Zuni Pueblo sees COVID-19 cases double as first death is confirmed
3 Arne Vainio: 'A great sickness has been visited upon us as human beings'
4 Arne Vainio: Zoongide'iwin is the Ojibwe word for courage
5 Cayuga Nation's division leads to a 'human rights catastrophe'